Skeleton argument (40% weighting); the skeleton will be limited to

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SKELETON ARGUMENT ASSESSMENT DETAILS

Jenny Lapez is a pop singer, who has recently had a lavish birthday party. Jenny had hoped to keep the news of the party secret because she had forgotten to invite several of her best friends.

However, the day after the party, Hot! Magazine published photographs. One of these photographs featured Jenny apparently injecting heroin into another person’s arm. The photographs were accompanied by an article discussing the details regarding Jenny’s treatment for drug addiction.

A few months earlier, Jenny had given an interview to the Daily Gossip magazine about her struggle to overcome her addiction.

Jenny then brought proceedings to the High Court for infringement of her right to privacy against Hot! Magazine. At trial, the judge held that:

1. Jenny Lapez had a reasonable expectation of privacy regarding her birthday party and the photographs taken at the party.

2. Jenny Lapez had a reasonable expectation of privacy regarding her drug addiction and treatment.

3. Jenny Lapez’s right to privacy was not outweighed by the public interest regarding her injecting another person with heroin.

Hot! Magazine then appeals to the Court of Appeal on the ground that the right of the press concerning freedom of expression was infringed, in particular:

1. Jenny Lapez is a celebrity who regularly courted publicity, therefore she had no reasonable expectation of privacy regarding her birthday party and photographs taken.

2. Jenny Lapez’s drug addiction was made public by her previously, therefore she had no reasonable expectation of privacy on that regard given it was already in the public domain.

3. Jenny Lapez’s right of privacy was outweighed by the public interest regarding her injecting another person with heroin.

You are representing Hot! Magazine.

Prepare your skeleton argument’s submissions to the Court of Appeal on the above grounds.

You must refer to Articles 8 and 10 of the ECHR and Campbell v Mirror Group Newspapers Ltd [2004] UKHL 22.

Marking Criteria: Skeleton Argument

The second assessment for the Legal and Communications Skills module consist in the submission via moodle of a skeleton argument (40% weighting). 

A skeleton argument is the document outlining the submissions to be made in furtherance of the ground of appeal of the case scenario given above. The skeleton argument will be limited to two sides of one A4.

Deadline, Monday 19 March 2018 4.30pm.

For the mooting exercise, 100% of the mark will be awarded to your skeleton argument. The criteria for the marking of the skeleton argument are as follows:

 Being familiar with the facts of the case(s);

 Recognising the legal issues raised by the moot;

 Familiarity with cases cited, including an ability to quote from judgments

 The ability to construct a sound argument and to argue a case;

 Clarity of submissions;

 Presentation (spelling, grammar, terminology, references and citations)

 Ability to keep the entire written presentation to two sides of A4 only

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